A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

When the defendant receives a muster notice as a person eligible for social work personnel call-up, he shall comply with the call-up within three days.

Nevertheless, the Defendant, on January 11, 2016, received a muster notice under the name of the director of the regional office of manpower administration in the Chungcheong-gun, Cheongju-si from Cheongwon-si, Cheongwon-si to 103 to 14:00 on February 1, 2016, and 37 to Cheongwon-si, Cheongwon-si, the Defendant did not comply with the convocation within three days without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written accusation;

1. Public notice given to call-up to social work personnel service;

1. Application of Acts and subordinate statutes to written notification on imposition of military service;

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant, and the defendant has the record of having received a summary order of a fine of 300,000 won due to the violation of the Military Service Act because he did not move-in report even though he moved his domicile as a person under obligation to serve in the military, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., and all the conditions of sentencing specified in the record